(a) A condemnor listed in G.S. 40A-3(a), (b) or (c) shall not
possess the power of eminent domain with respect to property owned by the State
of North Carolina or a State-owned railroad as defined in G.S. 124-11 unless
the State consents to the taking. The State's consent shall be given by the
Council of State, or by the Secretary of Administration if the Council of State
delegates this authority to the Secretary. In a condemnation proceeding against
State property consented to by the State, the only issue shall be the
compensation to be paid for the property.

(b) Unless otherwise provided by statute a condemnor listed in
G.S. 40A-3(a), (b) or (c) may condemn the property of a private condemnor if
such property is not in actual public use or not necessary to the operation of
the business of the owner. Unless otherwise provided by statute a condemnor
listed in G.S. 40A-3(b) or (c) may condemn the property of a condemnor listed
in G.S. 40A-3(b) or (c) if the property proposed to be taken is not being used
or held for future use for any governmental or proprietary purpose. (1981, c. 919, s. 1; 2000-146, s. 9.)